evidence markers litter a busy peninsula highway after a driver is shot at multiple times. good evening everyone i'm heather holmes. >> and i'm ken wayne. what looked like a solo car accident now turned into a murder investigation. police are looking into a brazen shooting. debra villone is live. >> reporter: we're in a frontage road which just reopened after some six hours and just minutes ago, we

watched as a flat bed tow truck pulled out of here carrying a car that you can see is shot full of bullet holes and it's windows shattered. crime technicians went over this car all evening searching for clues as to who opened fire on it and why. it's a 2009 dodge charger. most of it hidden in shrubbery after it swerved across lanes and slam into a construction fence along the freeway. >> another vehicle came alongside and began shooting at the charger. >> reporter: multiple shots that caused the driver to lose control. two men and a woman in the car. >> at least one person in the vehicle has been shot. all three were taken to the hospital with injuries. >> reporter: all southbound lanes of 101 were closed for about a half hour. and even when two of the lanes opened, traffic remained snarls. >> it may have started back as far as highway 92. >> reporter: the crime scene is

strewn throughout a mile of freeway. bullet casings litter the road. it's unclear if it was a two way gun battle. >> we don't know if it's an exchange of gunfire. we don't know if it was only directed at the charging. we're still trying to piece it all together. >> reporter: and investigators don't have the description of the other car. they want to hear from drivers who were on the freeway. >> we are asking for anyone who saw any piece of this to call the belmont police department. >> reporter: investigators have not only been here through the evening but also at stanford medical center to interview the three victims. we do know two of them were conscious and talking to arriving paramedics. now on the busy stretch of freeway with bullets flying and a car swerving it's fortunate no one else was injured.

we're live in san carlos, debra villalon. search crews are using special night time equipment to look for two fishermen who disappeared when their boat capsized. that accident happened around 10:30 this morning by pigeon point. matt keller spoke to the relative of one of the fishermen who is holding out hope that the two will be found alive. >> reporter: i just spoke to the coast guard and they told me the search is still going on tonight with the hopes of finding those two missing men. the lights from the coast guard helicopter illuminated the ocean water tonight with hopes of finding two missing men after their boat capsized near pigeon point. two other men made it to shore along with the missing men.

one of the missing men is 46- year-old ping yao singh he left his home this morning for a fishing trip with friends leaving behind his wife. >> he's a good father, good husband and good son to the family. >> reporter: they say visibility was bad because of the fog but they don't know what caused the boat to overturn. >> he's not a very good swimmer but we still have hope that he's still alive. >> reporter: rescue crews are looking at a 40-mile square section of the san mateo coast. phing's family says they're not going to give up and they hope the coast guard will not either. >> i hope the coast guard will keep searching for my brother. >> reporter: a helicopter and c130 plane are being used tonight. the air search is expected to

end at 5:00 in the morning. but a coast guard cutter is expected to search in the water indefinitely. matt keller. federal investigators are expected to arrive in vallejo this week to help investigate a fire at the law office of vallejo mayor davis. the fire was quote an act of domestic terrorism because davis is a high profile figure. the suspicious fire broke out yesterday at the building that davis shares with another building. a large brawl last night in san jose left a man fatally stabbed. the fight broke out this morning. when officered arrived they found a man suffering from stab wounds he was rushed to the hospital where he died. his name has not been released. the brawl reportedly involved as many as 30 people. new at 10:00 tonight, concord police say tonight's hot weather may have played a

role in the death of an elderly woman who's body was found in an elementary school in pleasant hill. the 86-year-old woman who suffered from alzheimer's disease went missing from her adult health care facility in concord around 4:30. when she failed to return, they called authorities and began a search. police say high temperatures in the area might have been a factor. that heat will continue tomorrow and that means air quality here in the bay area is expected to be unhealthy prompting officials to declare a third straight spare the air day. just as they did today authorities are asking people to avoid driving or using gas powered bar-b-que and yard equipment. people are also being asked to take public transit or alternatives like car pools. tomorrow will be the tenth

spare the air day of the season. as forecasted temperatures soar today. you can see readings ranging from the 70s from pacifica to the 80s today. 84degrees and a lot of neighborhoods back out into the 90s in santa rosa, concord, san jose. we do have one record to report, that's up in liver livermore they're breaking the old record of 99 set back in 1992. we have most of our cloud cover down to the south. we could have a patch or two develop. but for the most part with the lack of the marine layer, temperatures once again we're expecting another hot to warm day on monday. that spare the air day in place for monday. take a look at that big temperature range from the mid- 70s at the coast. the warmest locations inland approaching 100 to 101 degrees.

coming up we'll let you know if any records will be dropping. ktvu's cara liu reports the city approved event turned into several calls to police. >> that was so fun. >> reporter: but not everyone was happy the rave went until 2:00 a.m. >> i was like when is this going to end. i was really, i was very angry. >> reporter: rena pavao says her house rattled and the noise was abnoxious. even though she lives two miles from. >> here at steve's home. it was a similar story. >> the medicine cabinet was

shaking. you could hear the thumping pretty good. i was a little upset that it was an outdoor event that lasted until 2:00. if it was 11:00 it would have been okay. >> it's what young people want. it isn't going away. >> reporter: kevin wilkin is the event producer. >> it's as loud as an aircraft. >> reporter: he says their permit did not include noise restrictions. >> if you can put up once a year that would be gone. i promise not to do it every week. >> reporter: organizers tell me they were told to point the noise west so folks here in alameda likely got it the worse. a lot of people want it gone if not more control. the oakland alameda

coliseum released a statement about the noise complaint it read in part. we apologize for the discomfort and inconvenience. to make sure this situation does not again occur, we're committing to take an over view of the commission. -- according to the chp the official trouble was reported around 7:00 at a residential area. not far from the 98th avenue off afterfrom southbound 880. authorities are not saying what leaked on to the road but said it presented a hazard so they shut down the ramp. it reopened a short time ago. pg & e crews are reportedly heading to that scene to assess the situation. the woman accused of killing michelle le is said to go to trial tomorrow. esteban faces murder charges in the death of le. esteban went to high school

with in san diego with le. later she grew jealous of le blaming her for her failed relationship. goh pled not guilty to seven counts of murder. the charges include the special circumstance of committing multiple murder which makes goh eligible for the death penalty. the first presidential debate is just days away. why both sides of the political aisle say republican candidate mitt romney is ready to face president oe be ma. oracle's open world 2012 has kicked off. what larry ellison debuted at today's event. as residents fume on the latest fire in richmond, we learned lawmakers are getting ready to make a pitch to the

refinery. the project at stake.

many people living in richmond have been highly critical of chevron following that recent mass ive fire at the refinery. ktvu has learned that the city will reach out to chevron hoping that the oil company will help revitalize the area. the city council is expected to make that request later this week in a story you will only see on 2. >> reporter: look in downtown richmond and you will see the

signs, richmond welcomes lbnl. a major gift that the city wants to build upon with chevron. >> we're urging chevron to help create a research campus in richmond most particularly at marina bay because that's where berkeley labs are coming in. >> reporter: tom butts says the idea is with lawrence berkeley labs and chevron marina bay could become a mayor green tech center instead of what it is. a collection of empty office buildings but says it would help the city and chevron. >> have a presence here in richmond beyond just refining. >> reporter: one significant tenant at the bay is chevron. chevron intended a major presence but that changed after a plan to modernize the refinery got stuck in the courts. in a written statement, chevron says it will not be in a

position to make any addition long term investment decisions in richmond until the decision. it's taken significant steps to help improve richmond's economic future. as to what the council will introduce on tuesday, it's a nonbinding resolution with no incentives. there's some serious traffic troubles after a solo car accident. here's what it looked like from about 4:45 this afternoon to just about 6:30 on the northbound lanes approaching fruitvale avenue. someone hit the barrels on the side of the freeway flipping the car into the middle lane. the driver fled the scene on foot leaving the car and the traffic woes in his wake. in election 2012 news, mitt romney faces an uphill battle in the polls but there is wide

agreement that he's going to do well on wednesday night's debate in denver. romney is concentrating on mock debates and drills. he flies to colorado tomorrow. republicans and democrats agree that romney is ready to go up against president obama. >> he's been through at least 20 debates in the course of the poi mare and newt gingrich himself -- at least 20 debates in the course of the -- >> he goes to the suburb of henderson to prep for the debate. and he will arrive in denver on wednesday. the candidates agreed to four debates in all and they're coming up quickly. you can see there's a debate almost every week.

the first is on the third, there's another on the 15th and 22. let's take a look at the first debate that is going on in denver. that will be at the university of denver in colorado. domestic policy is the topic of this event. and let's look at the only vice presidential debate. there's a meeting in hofstra university in new york. that will be from undecided voters asking the candidates on different topics. the second will be in boca raton, florida. that will focus on libya. you can watch here wednesday night on ktvu channel 2 news. that debate begins at 6:00 p.m.

president obama makes one fund raising visit next week. a week from monday he will host a dinner in san francisco. now to dine with the president will set you back $20,000 a plate. that campaign has not yet announced the musical guest. our election coverage continues at 10:30, we look at the proposition that eases the state's tough three strikes sentencing law. that if approved could lead to the release of thousands of inmates. san francisco mayor ed lee was on hand earlier this evening to kick off the 30th annual oracle open world user conference. larry ellison delivered the opening dress debuting new cloud computing products. 50,000 people are expected to attend the week long event at masconi center. the area around howard street is expected to be blocked and

drivers will likely experience delays. the event is expected to bring in an influx of cash to retailers. >> it has a really huge impact to the city. i think it brings a lot of revenue and we're lucky to have it. >> reporter: open world runs through october 4th. more details now, tomorrow oracle president mark hurd is expected to hold a discussion on what's next for data bases. and larry ellison is expected to speak again on tuesday. this time on business information sharing. a fundraiser raised thousands of dollars for the family of a fallen chp officer. the fallen heros group organized the event in honor of officer kenyan youngstrom.

the father of four was shot and killed. 150 people attended and they raised $3,500. a possible insider attack leads to a somber milestone in afghanistan. plus check this out. powerful winds take a vehicle for a ride. the damage in japan after a typhoon takes aim. >> the governor signs a new law that might reduce the life sentences of hundreds of inmates the criteria though they have to meet to benefit. >> a hot weather pattern for the first day of october. the neighborhoods that will approach 100 degrees. the timing of the next significant cooling trend. dan hurd: when i was a child, california was a leader in education funding.

erika derry: and the fact that california isn't making it a priority frustrates me. dan hurd: i'm ashamed of that, and i don't want this to continue for my daughter. brenda kealing: prop 38 is going to bring a lot of money to our schools. suzan solomon: the money stays at the school site. cade derry: what i would really like to see is that the teachers... that were laid off come back to the school. navaz hurd: a smaller class size. navaz hurd: as a mom i want that. as a teacher i want that. prop 38 is an opportunity of a generation. both: we're the fruit guys! back in 1998, we had this idea to deliver fresh fruit to offices in downtown san francisco. we built these wooden crates, filled these with fruit in my one-bedroom apartment. the fruit guys has been with bank of america since they first started. we work with them to help them grow and succeed. we're coming up on 50 employees and delivering to thousands of companies every week. i would definitely say this is a fruitful business.

the power of nature is on display when winds from a typhoon pick up that suv and carry it across the parking lot. the typhoon hit southern and western japan injuring hundreds

of people. it hit tokyo with gail wind. the typhoon later weakened to a tropical storm. a possible insider attack in afghanistan marks a sad milestone in the war and continuing tensions between the u.s. and the country it's supposed to be making secure. the attack erupted at a checkpoint in the wardeck prosense when a mortar exploded. an american soldier and a civilian were killed. three afghan troops died. the killing of the u.s. soldier raised the death toll to 3,000 american troops. in other news of the world tonight from iraq, conflicting reports on the number of dead following a series of car bomb attacks. the bbc reports at least 32 people were killed while the associated press says 26 died. the attacks primarily targeted

shiites and computer personnel. the attacks follow the prison escape. attacks have escalated again since u.s. troops withdrew from the country last year. in somalia it appears fighters are fleeing their last stronghold city. ken yap troops moved in to kismaya early friday to push out the fighters linked to al- qaida -- ke nyan troops. african union troops have been working to clear the country of all the remaining fighters. and in lima peru a big day for pets and their owners as they received blessings outside

st. francis of asisis. sniper lee boyd malvo said he felt like the worse piece of scum after shooting one of his victims. malvo made the comment. malvo was serving a life sentence. muhammad was executed in virginia in 2009. los angeles mayor villaraigosa tonight promised one of the busiest freeways will reopen in time for the morning commute. a 10-mile stretch of the 405 freeway was shut down on friday to demolish portions of the bridge to allow construction of an additional freeway. the event was billed as carmageddon 2. a sequel to last year's. well things have gotten pretty smoothly and demolition was

finished today. the contractor faces fines of $263,000 an hour if it doesn't reopen by 5:00 a.m. a big ban is expected to take place in san francisco tomorrow. what shoppers need to know. >> the proposition on the november ballot that aims to change california's three strikes law. >> a reminder that you can get ktvu news to go on your cell phone. just download the ktvu app, click the live icon and watch all of our newscasts live, be connected any where. [ laughter ] [ girl ] wow. you guys have it easy.

i wish i had u-verse when i was your age. in my day, we didn't have these fancy wireless receivers. blah, blah, blah. if i had a sleepover, i couldn't just move the tv into the playroom. no, we had to watch movies in the den because that's where the tv outlet was. and if dad was snoring on the couch, we muscled through it. is she for real? your generation has it made. [ male announcer ] the wireless receiver. only from at&t u-verse. get a free wireless receiver with a qualifying u-verse plan. rethink possible.

our election 2012 coverage continues tonight with a look at an initiative that if approved will change the state's criminal justice system. rob roth looks at proposition 36 that takes aim at

california's strict three strikes law. here at san quentin prison. for these inmates it's three strikes and they're in for life. what you're seeing is a weekly group therapy program run by convicts called hope for three strikers. >> after my military stent i started using cocaine and it was all bad after that. >> reporter: these are just a few dozen of the 8,000 california inmates serving life sentences under three strikes a law approved by voters in 1994, but proposition 36 on this november's ballot would modify three strikes. it would require the third strike to be not just for any felony but for a violent or serious crime. if the measure passes some 3,000 three strikers could be released if the judge agrees. one of the odds of mcsween. his strikes one and two are for burglary, the third petty theft. >> i've learned, i want to live my life and i don't want to

live it here. i think i have too much to offer to society out there. >> reporter: michael romano is the coauthor of proposition 36. >> there's too many people that are clogging our prisons. >> we want somebody with a small drug possession arrest to go to prison for life. >> reporter: george gascon and the los angeles district attorney are among the minority of d.a.s supporting prop 36. many in law enforcement feel prop 36 is a dangerous idea. >> really, your rolling the dice when you shouldn't be. these people have gotten to the point now where they have not been able to really change their behavior substantially and you're creati a danger for the community. >> the proposition is also

opposed by victim's rights advocates including matt class who's daughter poly was kidnapped and murdered who became the face of three strikes. >> the whole idea that dangerous people that like to victimize other people will be back on the streets and then it becomes a threat to everybody. >> reporter: the office of the legislative analysts says proposition 36 would save about 70 to $90 million a year. but opponents argue that taxpayers would end up paying a lot more in many different ways. >> what is the cost of revictimmization? what is the cost of investigations, of arrest, of incarcerations for new offenses. that's what's not being calculated. >> no one who has ever committed a rape, murder or child molestation can benefit from proposition 36 no matter how minor their third strike crime. >> reporter: in san quentin, inmates can vote but they're

awaiting election day. mike irwin is serving life for two burglaries and a battery and believes that is too harsh. >> you're looking at a man speaking from his heart today that has changed. and would not be a threat to society in any form or fashion. >> how would we know you're not conning me? >> is all i can say just look into my heart, sir. >> reporter: at san quentin state prison, rob roth, ktvu channel 2 news. a new law signed by governor jerry brown may reduce life sentences for hundreds of other inmates. the bill written by leland yee will look at inmates that were arrested as a teenager. more than 300 inmates are currently eligible for that reduction. another first for california with the state set to become the first to ban therapy that tries to turn gay

or lesbian teens straight. the governor announced today it has signed senate bill 1172. it is slated to go into effect january 1st. those who opposed the bill said they intend to seek a temporary injunction against the law. starting tomorrow in san francisco, you will need to bring your own bag or an extra dime or two to the store. the city's check out bag ordnance goes into effect monday. stores must give up plastic and offer paper or compostable bags instead. customers will have to pay 10- cents per bag and if they forget to bring their own. restaurants and bakeries are exempt from the law until next year. san francisco blue's fans got a treat today. you have to keep working on. the two day festival filled two blocks with music, food and a lot of fun. >> one happy festival going explains that listening to the blues is a different experience than having the blues.

>> it makes you feel good, happy. you know, content. being around good music and just enjoying everything. >> this is the third year for the event. lots of sunshine for san francisco. it was one for the record book. people around the bay area tried to beat the day's heat as they saw temperatures soar to a new high. >> and the heat will continue tomorrow. mark tamayo will tell us when we can expect a cooldown. vo: for years, sacramento politicians have chopped away funds for our schools.

today, we're forty-seventh out of fifty in per-pupil funding. now these politicians say unless we send more tax dollars to sacramento, they'll cut education again. here's a new approach. prop thirty-eight sends billions in new education dollars straight to our local schools, and guarantees the politicians can't touch it. thirty-eight will restore the education cuts from sacramento. so remember this number. thirty-eight.

as we mentioned earlier, temperatures soared around the bay area. some people say they are enjoying this heat. >> reporter: with the sun

beating down and temperatures shooting up, residents in livermore did what they could to keep cool. >> just go with it. oh well i'm all wet, i'll dry out. >> reporter: the fountains a good way to keep the kids happy while the adults take a look at the nostalgia day. >> so far looks like we have a good crowd. >> we'll probably be heading inside or do something else. >> reporter: the record temperatures probably the start of indian summer. it should be a time of extra caution both in personal safety and fire safety. >> we have the hot dryweather. we're lucky we don't have the high winds. >> reporter: they ask people to protect their homes, be careful with their grill. they say when the temperatures go up, you have to stay cool. >> i'm trying to protect as much as i can. >> reporter: some are welcoming

the warm weather. at the marina family fest in san francisco. although it's fall, they took out their summer clothes. >> we're happy it's warm out. >> reporter: anne rubin, ktvu news. the fog finally cleared out of the bay area as a result those temperatures did warm up. and as a result the clearing of the moon out there. of course last night we had the full moon, the harvest moon. tonight the moon 95% full. and this was the scene from pescadero just beautiful out there with the beautiful skies. if you're looking for the fog it's down to the south approaching los angeles and santa barbara. we do have this, mostly clear skies. clearing the coast and even san francisco warming back up into the 80s. as far as current numbers it is

still mild out there. right now it is 80 degrees, the 10:00 hour 80 degrees in antioch. concord checking in 71. san jose the lower 70s right about 63. mostly clear sky, it's warm. tomorrow another hot day in the extended forecast. we do bring in a clearing trend but we're going to have to wait a couple of days before that moves in. first thing tomorrow morning, neighborhoods will be in the 50s to even the lower 60s to fairfield and livermore. mostly clear skies, a patchy coast. the key headline for tomorrow another day of warm to hot temperatures. approaching records probably not in santa rosa. you have to reach 102 degrees. san francisco back in 1980 was 97 degrees. oakland the mid-80s. livermore could come close

though. high pressure has been strengthening, that coupled with the offshore winds really kicking in. so once again tomorrow, the beaches in the 70s. temperatures inland for monday in the upper 90s to right about 100 degrees. we do have a few changes. cooling changes developing early in the week. we cool things off just a tiny bit on tuesday. minimal cooling on tuesday. that moves in for wednesday and into thursday. here's our forecast model. the clock ticks away here but you will notice not a lot happening with mostly clear skies out there. you can see the yellow link up with the 70s coast side. here we go with that red contour in the 90s and triple digit out toward livermore, forecasting temperatures at 100 degrees. santa rosa mid-90s. oakland in the mid-80s. these temperatures will check in right around 3:00 tomorrow afternoon. look at all the triple digits

in livermore and brentwood. downtown just beautiful tomorrow on the warm side low 80s but remember to drink lots of water and try to stay cool as we head into monday. slightly cooler into tuesday. then we bring in more significant cooling maybe a few extra clouds for wednesday, thursday and friday. with your weekend always in view. we have one of the busiest weekends coming up with the play offs, baseball, fleet week, the niners back in town. looks like a cooling pattern coming up in the long range. it was another wild finish for the oakland a's. >> and the 49ers with a basement game as they take down the jets. sports wrap is next. ches chiln

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good evening everyone welcome to this late sunday night edition of sports wrap. the 49ers had a week in youngs town ohio to think about their loss last sunday in minnesota. it was the new york jets who felt the wrath of their frustration. 49ers unleashed the frustration. that's his first nfl score and 7-0, 49ers lead. 49 defense kept the heat on new york's mark sanchez all day. he fumbled once and was intercepted by patrick willis in the third quarter when it was still a 10-0 game. new york turned the ball over five times. still 10-0 when the nineers went on a fourth down play. jones finds the end zone. 17-0. it wasn't just sanchez who was smothered by the